Last Modified: October 18, 2023
Prior ToU available here.
These Terms apply to all visitors, users, and others who access or use the Service (“You”). By access to and use of the Service, browsing or using the Website, downloading and/or using the Apps you accept and agree to comply with these Terms.
If you disagree with any part of the Terms, you should not access, download, or use any part of the Service.
To use the Service, make payments, and accept these Terms, you must be legally capable and reach the age of majority in the country in which you reside. If you authorize a minor to use the Service, you represent and warrant that you are a parent or a legal guardian of such minor, you granted your consent for such use and were authorized to do so in respect to such minor. You represent and warrant that the minor will use the Service in accordance with these Terms and under your control.
Subject to the terms, conditions, and limitations set forth in the Terms, AI BUDDY grants you a non-exclusive, non-transferable, and revocable license to use the App on any mobile device that you own or control for your personal, non-commercial use, except as otherwise permitted by these Terms. AI BUDDY reserves all rights not expressly granted herein to the App or Service or related applications. AI BUDDY may terminate this license at any time for any reason or no reason. The terms of the license will also govern any upgrades provided by AI BUDDY that replace and/or supplement the original AI BUDDY App unless such upgrades are accompanied by a separate license, which the terms of that license will govern.
We make software available to access the App via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. We do not guarantee that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one AI BUDDY account on one mobile device owned or leased solely by you, for your personal, non-commercial use, except as provided in these Terms. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third-party partners or suppliers retain all rights, title, and interest in the Mobile Software (and any copy thereof).
4.1. You may purchase the subscription to the App content access (a “Subscription”) online via the Website or App payment method available for your mobile device. A subscription provides you with access to all App content as long as it is active. The relevant Subscription period is offered to you prior to payment.
4.2. Duration of the Subscription usage starts, continues, and ends regardless of your presence in the App, usage of the App, or logging into the App. Non-use of the App or App content by you is not grounds for the prolongation of the Subscription or a refund.
4.3. You can find information on the Subscription in this document, in the App, and on the Website. The Subscription price is indicated on the Website and in the App and available before purchase.
4.4. You are responsible for all fees with respect to the Internet connection, your computer, and related communication equipment to access the App content and use the Subscription.
4.5. AI BUDDY reserves the right to change payment methods and procedures. We may change a Subscription fee at any time at our discretion. We do not provide price protection or refunds in the event of a price drop or promotional offering.
Change of prices after your purchase of the Subscription does not mean that you are obliged to pay any difference in cases where the price increases, and you are not entitled to any refund in cases where the price decreases.
4.6. AI BUDDY accepts your payment via the third-party payment methods available on the Website and in the App. All available payment methods are completely secure.
4.7. We may offer a trial period for Subscriptions with access to App content for free or at discounted prices, as well as referral discounts or similar free access to subscriber benefits when referring to new users. If you sign up for a free trial or receive referral benefits, your rights to use the App content are limited by the terms of that trial or referral and will terminate or renew according to the terms of your trial or referral arrangement and any applicable additional terms.
4.8. When you purchase the Subscription via the Website, you will receive an activation link and/or QR code to the email specified by you in order to activate your Subscription (the “Activation Method”) as follows:
4.9. When you purchase the Subscription via Huawei AppGallery, Samsung Galaxy Store, and Xiaomi GetApps, your Subscription will be activated automatically. Payments are made as follows:
4.10. When you purchase the Subscription via the App Store, your Subscription will be activated automatically. Payments are made as follows:
4.11. When you purchase the Subscription via Google Play, your Subscription will be activated automatically. Payments are made as follows:
4.12. Once activated, a Subscription is non-refundable, including if you wish to cease the Service.
4.13. No refund for the Subscription shall be made upon the Subscription expiration.
4.14. If you share your Activation Method with any third party or make it public or available to any outside party, you may not request a refund if your Subscription fails to activate due to the Activation Method already having been used.
4.15. In any case when you are provided with a free (trial) period, you may not request a refund for the activated Subscription after the expiration of that trial period.
4.16. No refunds shall be made for bonuses, gifts, awards, prizes, promotional activities, or compensations.
In any of the above-mentioned cases, the Activation Method will be disabled at the moment of your claim for a refund.
You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to the Service, including the App, that you will not do any of the following in connection with the Service:
Any use of the Service in violation of the Terms may result in, among other things, termination or suspension of your rights to use the App and/or any of the Services.
Except for the license to the App expressly stated in the Terms, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in the Terms are hereby reserved and retained by AI BUDDY. All information, materials and content including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively "AI BUDDY Material") is owned by AI BUDDY or is used with permission. This AI BUDDY Material is protected in all forms, media, and technologies now known or hereinafter developed.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you may simply discontinue using the Service.
Our Service utilizes technology provided by third parties (including, but not limited to, Apple, Inc. ("Apple") and Google, LLC ("Google")). By using the Service you agree to the terms and conditions set forth at https://developer.apple.com/terms/ (which may be modified by Apple from time to time and are incorporated into the Terms by reference), as well as https://play.google.com/about/developer-distribution-agreement.html (which may be modified by Google from time-to-time and are incorporated into the Terms by reference), as well as to the terms and conditions of any other third party technology providers utilized by the App and which may be available to you upon the installation or use of the App.
The Service and its original content, functionality, and features are and will remain the exclusive property of AI BUDDY. The Service is protected by trademark, copyright, and other laws of the US and foreign countries. Buddy.ai name, logos, and any other AI BUDDY product, Service name or slogan included in the App are trademarks of AI BUDDY and may not be copied, imitated or used, in whole or in part, without the prior written permission of AI BUDDY. In addition, the look and feel of the Website and the App, including all custom graphics, button icons, and scripts are the service marks, trademarks and/or trade dress of AI BUDDY and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service ("Third Party Trademarks") are the property of their respective owners, and the use of such Third Party Trademarks will ensure the benefit of each trademark owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by AI BUDDY and its licensors with such company; or (ii) an endorsement or approval by such company of AI BUDDY and its licensors and its products or services.
Our Service may contain links to third-party websites or services that are not owned or controlled by AI BUDDY. AI BUDDY has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that AI BUDDY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services. We highly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
In no event shall AI BUDDY or any of its affiliates be liable for any direct, indirect, consequential, exemplary, punitive, special, or incidental damage (including, without limitation, damage for loss of business, contract, revenue, data, information or business interruption), under any theory of liability.
In no event shall AI BUDDY or any of its affiliates be liable for any direct, indirect, consequential, exemplary, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption), under any theory of liability, resulting from, arising out of or in connection with the use of, or inability to use any of the Service, its material, or any AI BUDDY products or services, the statements or actions of any third party on or through any products or services provided by AI BUDDY or its subsidiaries, any unauthorized access to or alteration of your transmission or data, any information that is sent or received, or not sent or received, any failure to store data, any loss of data, loss or damage to files, loss or damage to the App, any services available through the App or any other product provided by AI BUDDY, that are delayed or interrupted, even if AI BUDDY has been advised of the possibility of such damages. Any action brought against AI BUDDY pertaining to or in connection with the Service must be commenced and notified to AI BUDDY in writing within one (1) year after the date the cause for action arose.
You expressly acknowledge and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. AI BUDDY disclaims any and all warranties and representations (express or implied, oral, or written) with respect to the Terms, the Service, including the App, its material, any AI BUDDY products and services, the recordings, third-party sites, and third party trademarks whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all: (i) warranties of merchantability; (ii) warranties of fitness or suitability for any purpose (whether or not AI BUDDY knows, has reason to know, has been advised or is otherwise aware of any such purpose); and (iii) warranties of non-infringement or condition of title. AI BUDDY does not warrant that: (a) the functions contained in the Services, including the App, will be accurate or meet your requirements; (b) the operation of the Service will be uninterrupted or error-free, or (c) any defects in the Service will be corrected. No oral or written information, guidelines or advice given by AI BUDDY or its authorized representative will create a warranty.
You agree, at your sole expense, to defend, indemnify and hold us and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, cost, and expenses, including the assessment, claim or demand by a governmental agency or entity (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; or (ii) your violation (or alleged violation) of the Terms or the rights of any third party.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AI BUDDY AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AI BUDDY.
You and AI BUDDY agree to arbitrate any dispute arising from the Terms or relating to the Service, except that you and AI BUDDY are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and AI BUDDY agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and AI BUDDY also agree that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND AI BUDDY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its principles of conflict of laws. Please note that some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph does not override those laws.
The parties hereto further agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
AI BUDDY reserves the right, in its sole discretion, to review, improve, modify, or discontinue, temporarily or permanently, the App and/or any features, information, materials, or content on the App with or without notice to you.
AI BUDDY reserves the right to make changes to or update the content of the Website and Apps or the format thereof at any time and without any notice. AI BUDDY reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.
You agree that AI BUDDY will not be liable to you or any third party for any modification or discontinuance of the App or any portion thereof.
Except as otherwise expressly elsewhere in the Terms, there will be no third-party beneficiaries to the Terms.
AI BUDDY respects the intellectual property rights of others and expects its users to do the same.
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, AI BUDDY has adopted a policy of terminating, in appropriate circumstances and at AI BUDDY's sole discretion, account holders who are deemed to be repeat infringers. AI BUDDY may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. AI BUDDY will respond to claims of copyright infringement committed using the Service that are reported to AI BUDDY's Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the App by completing the following DMCA Notice of Alleged Infringement and delivering it to AI BUDDY's Designated Copyright Agent. Upon receipt of the Notice as described below, AI BUDDY will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the App.
DMCA Notice of Alleged Infringement ("Notice"):
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the App where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: (i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to AI BUDDY's Designated Copyright Agent:
Copyright AgentAI BUDDY, INC.707 Continental Cir, #1132 Mountain View, CA 94040, US
You may not use or otherwise export or re-export the Service, including the App, except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the App may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
The Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
AI BUDDY is solely responsible for providing maintenance and support services with respect to the Service, including the App. You acknowledge and agree that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Any suggestions, comments, or other feedback provided by you or your children to us with respect to the Service and/or our products and services will constitute our confidential information. We will be free to use, disclose, reproduce, license, and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
YOU AGREE THAT YOUR USE OF CONTENT OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Any end-user questions, complaints or claims with respect to the App should be directed to:
AI BUDDY, INC.Email: firstname.lastname@example.org